Proposed Rule2021-23264
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
October 29, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is revising a notice of proposed rulemaking (NPRM) that applied to certain Leonardo S.p.a. Model AW169 helicopters. This action revises the NPRM by requiring modification of certain pilot and co-pilot yaw pedal assemblies with an improved design and re- identification of the affected parts, as specified in a European Union Aviation Safety Agency (EASA) airworthiness directive (AD), which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the agency is requesting comments on this SNPRM.
Full Text
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Proposed Rules]
[Pages 59900-59903]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23264]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0570; Project Identifier 2019-SW-091-AD]
RIN 2120-AA64
Airworthiness Directives; Leonardo S.p.a. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that applied to certain Leonardo S.p.a. Model AW169 helicopters. This
action revises the NPRM by requiring modification of certain pilot and
co-pilot yaw pedal assemblies with an improved design and re-
identification of the affected parts, as specified in a European Union
Aviation Safety Agency (EASA) airworthiness directive (AD), which is
proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products. Since these
actions would impose an additional burden over those in the NPRM, the
agency is requesting comments on this SNPRM.
DATES: The comment period for the NPRM published in the Federal
Register on July 28, 2021 (86 FR 40371), is reopened.
The FAA must receive comments on this SNPRM by December 13, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#c38287b083a6a2b0a2eda6b6b1acb3a2eda6b6"><span class="__cf_email__" data-cfemail="7435300734111507155a1101061b04155a1101">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view the EASA material at the
[[Page 59901]]
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of the EASA material at the FAA, call (817) 222-5110. The
EASA material is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0570.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0570; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains the NPRM, this SNPRM,
the EASA AD, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-5485; email <a href="/cdn-cgi/l/email-protection#4a213823393e23246428382b2e262f330a2c2b2b642d253c"><span class="__cf_email__" data-cfemail="a4cfd6cdd7d0cdca8ac6d6c5c0c8c1dde4c2c5c58ac3cbd2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0570; Project Identifier
2019-SW-091-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kristi Bradley, Program Manager, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485;
email <a href="/cdn-cgi/l/email-protection#9ff4edf6ecebf6f1b1fdedfefbf3fae6dff9fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="7e150c170d0a1710501c0c1f1a121b073e181f1f50191108">[email protected]</span></a>. Any commentary that the FAA receives
that is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Leonardo S.p.a. Model AW169 helicopters. The
NPRM published in the Federal Register on July 28, 2021 (86 FR 40371).
In the NPRM, the FAA proposed to require modification of the pilot and
co-pilot yaw pedal assemblies. The NPRM was prompted by EASA AD 2019-
0252, dated October 10, 2019 (EASA AD 2019-0252), issued by EASA, which
is the Technical Agent for the Member States of the European Union, to
correct an unsafe condition for Leonardo S.p.a. (formerly Finmeccanica
S.p.A and AgustaWestland S.p.A) Model AW169 helicopters, all serial
numbers. EASA advised that there was a report of a broken adjustable
device that is part of the pilot and co-pilot yaw pedal assemblies.
This condition, if not addressed, could result in failure of a yaw
pedal adjuster, which could result in reduced yaw control of the
helicopter.
Accordingly, EASA AD 2019-0252 required modification (rework) of
the affected pilot and co-pilot assemblies and re-identification of
each affected part after it has been modified. The modification
included the installation of additional end stroke stops on the pilot
and co-pilot pedal assemblies. EASA considered EASA AD 2019-0252 an
interim action and stated that further EASA AD action may follow.
Actions Since the NPRM Was Issued
Since the NPRM was issued, EASA issued AD 2021-0199, dated August
27, 2021 (EASA AD 2021-0199), which supersedes EASA AD 2019-0252. EASA
advises that three additional events have been reported where the
universal joint of the adjusting mechanism on the yaw pedals failed.
Prompted by these findings, Leonardo S.p.a. developed a new
modification that introduces upgraded pilot and co-pilot pedal
assemblies with an improved design, which removes the failure modes.
Accordingly, EASA AD 2021-0199 requires modification (rework) of the
affected pilot and co-pilot assemblies and re-identification of each
affected part after it has been modified. The modification includes
replacing the pedal main support assembly, adjuster screw assembly,
knob assembly, and spring pin, and removing the additional end stroke
stops that were installed on the pilot and co-pilot pedal assemblies
using the modification specified in EASA AD 2019-0252. EASA AD 2021-
0199 also provides an option to replace an affected part with a non-
affected part instead of doing the modification.
In addition, the FAA revised the applicability of this proposed AD
from Leonardo S.p.a. Model AW169 helicopters with an affected part
installed (as specified in the NPRM), to all Leonardo S.p.a. Model
AW169 helicopters. This revised applicability matches EASA AD 2021-
0199.
Comments
The FAA gave the public the opportunity to participate in
developing this proposed AD. The FAA received no comments on the NPRM
or on the determination of the cost.
FAA's Determination
This helicopter has been approved by EASA and is approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design. Certain changes described
above expand the scope of the NPRM. As a result, it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this SNPRM.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0199 requires modification of the affected pilot and
co-pilot assemblies and re-identification of each affected part after
it has been modified. EASA AD 2021-0199 also
[[Page 59902]]
provides an option to replace an affected part with a non-affected part
instead of doing the modification. EASA AD 2021-0199 also prohibits the
installation of affected parts.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Proposed AD Requirements in This SNPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0199, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use certain civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0199 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with EASA
AD 2021-0199 in its entirety, through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2021-0199 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0199. Service information specified in EASA AD 2021-0199 that is
required for compliance with it will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0570 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 10 helicopters of U.S. Registry. The FAA estimates the following
costs to comply with this proposed AD.
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Modify and re-identify affected parts. 25 work-hours x $85 per $0 $2,125 $21,250
hour = $2,125.
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Leonardo S.p.a.: Docket No. FAA-2021-0570; Project Identifier 2019-
SW-091-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 13, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Leonardo S.p.a. Model AW169 helicopters,
certificated in any category.
(d) Subject
Joint Aircraft Service Component (JASC) Code: 6700, Rotorcraft
Flight Control.
(e) Unsafe Condition
This AD was prompted by a report of a broken adjustable device
that is part of the pilot and co-pilot yaw pedal assemblies. The FAA
is issuing this AD to address failure of a yaw pedal adjuster, which
could result in reduced yaw control of the helicopter.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
[[Page 59903]]
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0199, dated August 27, 2021 (EASA AD 2021-0199).
(h) Exceptions to EASA AD 2021-0199
(1) Where EASA AD 2021-0199 refers to flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2021-0199 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where the service information referenced in EASA AD 2021-
0199 specifies discarding certain parts, this AD requires removing
those parts from service.
(4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0199.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2021-0199
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are prohibited.
(k) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#0d34204c5b5e204c445f203a3e3d204c40424e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="2f16026e797c026e667d02181c1f026e62606c6f494e4e01484059">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(l) Related Information
(1) For EASA AD 2021-0199, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#cf8e8bbc8faaaebcaee1aababda0bfaee1aaba"><span class="__cf_email__" data-cfemail="bffefbccffdadeccde91dacacdd0cfde91daca">[email protected]</span></a>; internet www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0570.
(2) For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5485; email
<a href="/cdn-cgi/l/email-protection#2b405942585f42450549594a4f474e526b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="b1dac3d8c2c5d8df9fd3c3d0d5ddd4c8f1d7d0d09fd6dec7">[email protected]</span></a>.
Issued on October 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23264 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P
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